2 of Pennsylvania’s Oddest Criminal Law Scenarios

How Laws Intersect Doesn’t Always Make Sense

Many people assume that laws in Pennsylvania impose reasonable penalties for criminal acts. Many people also assume that our criminal laws, and the criminal justice system in general, are rooted in sound logic.  

However, the way some of Pennsylvania’s criminal statutes intersect with one another can lead to bizarre or illogical outcomes for individuals facing charges in the state.   

There are two specific scenarios in which you could end up facing criminal charges that have arguably nonsensical penalties attached to them. These are two of the more egregious examples of how strange some of Pennsylvania’s criminal laws can be.  

1: A Threat of Violence Can Be Punished More Harshly Than Committing the Act of Violence Threatened 

If you attack someone in a fit of rage and punch them, throw them up against a wall, and kick them, you will likely be charged with simple assault, a misdemeanor of the second degree. Simple assault carries a maximum penalty of up to two years in prison in Pennsylvania and a maximum fine of $5,000.00.  

However, those accused of threatening someone else might actually face worse consequences.  

The state treats a verbal threat as a first-degree misdemeanor offense which is relatively ridiculous given the sentencing approach associated with simple assault. The maximum penalty for making terroristic threats against another person in Pennsylvania could be up to five years in prison and a maximum fine of $10,000.00.  

In other words, the penalties for threatening to punch someone are potentially much higher than the penalties for actually doing so.  

2. The Bag Used to Store Marijuana Can Get You in More Trouble than the Marijuana Itself 

Social attitudes about marijuana in Pennsylvania have changed, so people often think they won’t face major charges if they get caught with a small package of drugs. However, when someone is arrested for possessing marijuana and the marijuana is being stored in or used with a form of paraphernalia (bags, cigars, rolling papers, etc.), the police can charge you for both the marijuana and the paraphernalia.  

What is most illogical and frustrating in this particular context is that the penalties associated with possession or use of drug paraphernalia are more severe than the penalties associated with possession of less than 30 grams of marijuana. 

Possession or use of drug paraphernalia is an ungraded misdemeanor that can carry up to a year in prison and a maximum fine of $2,500.00. Possession of up to 30 grams of marijuana, on the other hand, only carries a penalty of up to 30 days in jail and a maximum fine of $500.00. 

In other words, the bag that stores the marijuana or the pipe used to smoke marijuana can yield a harsher sentence than the actual drug does. Furthermore, the police can charge you, if they so choose, with a count of possession or use of drug paraphernalia for each form of paraphernalia they come across when discovering marijuana.  

For instance, if the police find a bag of marijuana in your car but the car also contained a pipe, a scale, and rolling papers, you could receive four counts of drug paraphernalia (bag, pipe, scale, papers) while only being charged with one count of possession of a small amount of marijuana.  

Attempting to Make Sense of These Odd Scenarios 

Simply put, even in a situation wherein you feel like the charges against you are minimal and the consequences will likely be negligible, the risk could be higher than you realize.  

As a result, anyone facing criminal accusations in Pennsylvania – including those that are downright absurd – will typically benefit from talking with an attorney to figure out what to do.  

Every case has different options as far as mounting a defense, and your greatest chance of success will come from creating an approach based specifically on your circumstances and the risks involved concerning the unique charges that you face. Getting help as you plan your Pennsylvania criminal defense strategy could increase your chances of successfully avoiding a conviction. 

The examples above show how laws don’t always follow logic and can be quite confusing. Yet another reason to consult with an attorney to help make sense of it all- or at least try to! 

The information provided on this page is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship.